Petitioner sought quashing of a notice to vacate temple shops after holding them for over 12 years. Court disposed of the petition, directing petitioner to vacate within two weeks to facilitate a fresh auction while permitting participation.
Petition disposed of; petitioner directed to vacate within 2 weeks.
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W.P.No.15252 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P.No.15252 of 2024 and W.M.P.No.16588 of 2024
K.Shankar
...Petitioner
Vs
1.The Joint Commissioner HR & CE, Erode District.
2.The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records pertaining to the notice issued by the 2nd respondent dated 21.02.2024 and quash the same.
For Petitioner : Mr.C.Venkatesan for Mr.R.Muruga Bharathi For Respondents : Mr.K.Karthikeyan Government Advocate
ORDER
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W.P.No.15252 of 2024
This writ petition has been filed challenging the notice issued by the 2nd respondent dated 21.02.2024.
(ii). In the said shops, the petitioner was running a mobile shop and a small hotel for his livelihood. On completion of the lease period (i.e.) on 30.06.2015, the lease period was extended for every 3 years by increasing 15% of the rent. The petitioner have been running the said shops for almost 12 years and his livelihood depends on the said shops. Now, the petitioner is paying a sum of Rs.1,200/- p.m. and Rs.1,500/p.m. as rent for the said shops and the same has been periodically increased and he is ready to pay the fair rent as fixed by the 2nd
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W.P.No.15252 of 2024
respondent. But the 2nd respondent had issued a notice dated 21.02.2024 calling upon the petitioner to vacate the said shops within a period of fifteen(15) days from the date of receipt of the notice. Hence, he filed the present writ petition.
paying the rent to the tune of Rs.1,200/- and Rs.1,500/- p.m. till date. According to him, the said period of license was over on 30.06.2015 and from 01.07.2012, he is only paying a sum of Rs.1,200/- and Rs.1,500/p.m.. to increase the income of the temple, the respondents had decided to conduct fresh auction and thereby, praying to dismiss the present writ
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petition by directing the petitioner to vacate the said shops within a period of 15 days.
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W.P.No.15252 of 2024
closed.
15.07.2024
Index:Yes/No Speaking order/Non-speaking order msv
To 1.The Joint Commissioner HR & CE, Erode District.
2.The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
V.BHAVANI SUBBAROYAN ,J.
msv
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W.P.No.15252 of 2024
W.P.No.15252 of 2024 and W.M.P.No.16588 of 2024
15.07.2024
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1 issue framed by the court
Whether the notice to vacate shops was liable to be quashed?
K.Shankar
The Joint Commissioner HR & CE, Erode District
The Executive Officer Arulmigukariyakali Amman Thirukovil, Periyamanali, Thiruchengodu Taluk, Namakkal District
V.BHAVANI SUBBAROYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
